The Employer’s Responsibility

Services Performed in Compliance with Department of Transportation CFR Part 40 Title 49


Services Performed in Compliance with Company Policy for non – DOT Regulated Clients.

As an employer, you are responsible for meeting all applicable requirements and procedures of CFR Part 40 and with (non-DOT) company policy.

You are responsible for all actions of your officials, representatives, and agents (including service agents) in carrying out the requirements of DOT agency regulations and/or your company policy.

You may delegate responsibilities and procedures to Health Enhancement Center, Inc. (HEC). This delegation shall be in writing. HEC has over 27 years experience managing compliance with CFR Part 40 and assisting non-DOT employers with the management of their substance abuse prevention policy.

HEC has an almost perfect record maintaining DOT compliance for our DOT regulated clients and maintaining compliance with company policy for our non-DOT regulated clients. By “almost” we mean that we have had one client fined in 27 years. So we are almost perfect.


Total Compliance Management provides 35 services and costs pennies a day. Price is based on volume – number of random pool members. There is a minimum annual cost per employer of $50 per employer. Volume discounts apply. Fees apply to each employee in random pool – DOT or Non-DOT pools.

As the Employer you need only to maintain your list of employees and communicate program results and consequences to employees – In other words, you manage your employees, HEC manages compliance.

To discuss the THIRTY-FOUR (34) compliance management services required and provided, contact Jim Proctor 410-310-0630

To review Total Compliance Management Services, go to – no .com at the end!

Given the average DOT fine is in excess of $5,000 and the cost incurred by employers to administer, the costs associated with Total Compliance by HEC is a bargain.

This web site contains all of the forms needed to maintain DOT Part 40 Compliance. Health Enhancement Center’s (HEC) other sites include (mostly a duplicate of this web site); (includes a description of all HEC services); (describes our national network of TPA collection sites). We also have a Android/iOS or Apple App named “Drug Test”)that is operational on your Cell Phone and your iPad like device so that your employees can access Compliance instructions and forms anywhere they can get web access. Drug Test App can be installed from the Google Play or Apple iTunes site.

We offer a low cost, Cost Benefit Analysis (CBA) that may demonstrate that our Total Compliance Management (TCM) services will save your company a significant amount. Contact us for more information.

DOT Good News – first the bad



DOT Part 40 Employer Facts (The Bad News)


Subpart B – Employer Responsibilities § 40.11 The Employer is responsible for all actions of your service agents




  • 40.17 The Employer is responsible for obtaining information from your service agents and for managing that information.



DOT Part 40 Employer Facts (The Good News)


  • 40.15 You may delegate these responsibilities.


Health Enhancement will accept and manage these Employer responsibilities for pennies per day.



Contact Information


Jim Proctor

Health Enhancement Center

8615 Commerce Drive, Unit 4

Easton, MD 21601


410-822-9434 (FAX)